Loading...
05-14-1997 MinutesBOARD OF SUPERVISORS MINUTES May 14, 1997 Supervisors in Attendance= Mr. Arthur S. Warren, Chairman Mrs. Renny B. Humphrey, Vice Chrm. Mr. Edward B. Barber Mr. Harry G. Daniel Mr. J. L. McHale, III Mr. Lane B. Ramsey County Administrator Staff in Attendance: Colonel Carl R. Baker, Police Department Ms. Jana Carter, Dir., Youth Services Ms. Marilyn Cole, Asst. County Administrator Mr. Richard Cordle, Treasurer Ms. Faith L. Davis, Clerk to the Board Chief F. W.~Dolezal, Fire Department Mr. James G. Dunn, Economic Development Mr. William D. Dupler, Building Official Mr. Michael Golden, Dir., Parks and Recreation Mr. Lawrence C. Haake, III, Registrar Mr. Bradford S. Hammer, Deputy Co. Admin., Management Services Mr. Russell Harris, County Ombudsman Mr. Donald Kappel, Dir., Public Affairs Mr. Robert L. Masden, Deputy Co. Admin., Human Services Mr. Steven L. Micas, County Attorney Dr. William Nelson, Dir., Health Mr. FrancisM. Pitaro, Dir., General Services Mr. William D. Poole, Asst. Dir., Planning Mr. James J. L. Stegmaier, Dir., Budget & Management Mr. M. D. Stith, Jr., Deputy Co. Admin., Community Development Mr. Thomas Taylor, Dir., Block Grant Office Dr. Robert Wagenknecht, Dir., Libraries Mr. Frederick Willis, Jro, Dir., Human Resource Mgt. Mr..Warren called the regularly scheduled meeting to order at 3:10 p.m. 5/14/97 97-324 1. APPROVAL OF MINUTES On motion of Mr. Barber, seconded by Mr. McHale, the Board approved the minutes of April 23, 1997, as submitted. Vote: Unanimous 2. COUNTY ADMINISTRATORWS COMMENTS Mr. Ramsey introduced Dr. William Nelson. Dr. Nelson introduced Ms. Jessica K. Falkos, R.N., Nurse Manager of Chesterfield Health District, who was recently chosen as Public Health Nurse of the Year by the Virginia Department of Health's Nursing Council. He stated that Ms. Falkos was chosen from approximately 1,000 public health nurses Statewide. He further stated that Ms. Falkos has worked as a nurse and administrator for thirty years for Chesterfield Health District and has demonstrated exemplary management skills which are reflected in the recognition of Chesterfield Health District as one of the leaders in public health for the State of Virginia. He noted that under Ms. Falkos leadership, the Health Department has received three National Association of Counties Awards and two SecretarY of Health and Human Service Awards. Mr. Ramsey recognized and congratulated Dr. Wagenknecht who was recently named President of the Virginia State Library Directors Association. He stated that Dr. Wagenknecht's achievement further demonstrates Chesterfield's reputation around the State and the leadership role County staff are taking throughout the State. 3. BOARD COMMITTEE REPORTS Mr. Daniel stated that he and Mr. McHale represented the Board at the fifth Inter-City visit in Indianapolis. He indicated that the Lilly Foundation has had a positive impact on Indianapolis. He 'further stated that new ideas and concepts are always brought back from these visits. He stated that the metropolitan area here has a lot to offer. Mr. McHale stated that downtown Indianapolis has changed significantly over the years. He further stated that, unlike Virginia, Indianapolis has no Regional Planning District or a Metropolitan Planning Organization. He stated that the County has some significant advantages over Indianapolis. He reiterated that the generosity of the Lilly Foundation has had a huge impact on the downtown of Indianapolis -- a benefit to the citizens. He stated that citizens of Indianapolis pay substantially higher taxes than Chesterfield County and noted that in Indianapolis' suburban Hamilton County, their tax rate is approximately tripled Chesterfield's rate and has doubled the City of Richmond's rate. He further stated that he does not feel Indianapolis has the level of community spirit that has been displayed by metropolitan Richmond. Mr. Warren stated that Indianapolis does not have the rich history of the Commonwealth of Virginia and throughout Virginia. He further stated that for the majority of the inter-city visits, tax rates were much higher than Chesterfield. He stated that the quality of life in Chesterfield is very good. 97-325 5/14/97 Mr. Daniel stated that while visiting Fort Worth Texas, the topic was an initiative to get the property tax lowered, which fund schools, and that this issue is causing a lot of debate in this community. He further stated that they are also discussing allowing higher sales taxes to be appropriated to various projects. He further stated that he is pleased with Chesterfield's government and its accountability of what is being done in Chesterfield and the metropolitan Richmond area. Mrs. Humphrey stated that she will be participating in a reenactment of the 1876 wedding of Ms. Zuleime Duval and Mr. James Robertson ~on June 14, 1997 at Magnolia Grange. She further stated that she will be playing the role of the groom's older sister. She stated that this event will be an opportunity for the public to visit Magnolia Grange and invited .everyone to attend. Mr. Barber stated that the topics of ~discussion at his last "First Monday" meeting was Alzheimer's Disease, with representatives from Elder Homes, Lucy Corr Nursing Home, and Columbia Johnston-Willis. He expressed appreciation to Mr. Hammer for hosting this meeting, as he was unable to attend. He stated that his next "First Monday" meeting will be June 2, 1997 with the topic of discussion being teen pregnancies and unintended pregnancies. He stated that he participated in the Bon Air Historian Parade on May 10, 1997. He noted that the County and the Bon Air community are moving forward on a sidewalk plan to enhance Bon Air Village corridor and that the waterline rehabilitation project will begin later this summer in this area. He stated that he Chairs the Virginia Association of Counties Education Steering Committee and that the State is going through a reevaluation of the standards that are placed on public schools. He further stated that great concerns are being expressed about some of the standards having a great potential to adversely affect local budgets if they are implemented July 1, 1997, with the intention of going into affect when school begins. He stated that the VACO Steering Committee and the Board of Directors, as well as the Superintendents State Association and School Board's State Association, has spoken strongly in requesting the State Board of Education to not implement their ideals of standards by July 1, 1997. He further stated that the Committee met with Dr. Richard LaPointe, State Superintendent of Public Education, and that he has assured the Committee that there would be some changes in the timing of implementation of the standards. He stated that he and Mr. Warren attended the dedication of the Reams Road Elementary School new building addition. Mr. Warren stated tha~ he represented the ~ four local governments at the Holiday Inn Koger Center in which Governor George Allen announced his support of the Route 288 completion project and noted that Mr. Daniel and Mr. McHale also attended. He further stated that he received tremendous support when he mentioned the fact that if someone worked at Motorola in Goochland County and was a Chesterfield commuter, commuting to Brandermill, the travel would take approximately seventeen minutes and they would not have to stop once to pay a toll. He stated that at the April 23, 1997 Board of Supervisors meeting, the Board gave him the authority to establish a Powhite Parkway Toll Advisory Committee. He stated that the purpose of this Committee is to develop alternatives, to be implemented without a toll increase, that will reduce congestion at the Powhite Toll Plaza and to also examine and make recommendations on ~legislative matters a.s,s.~cia, ted with ~ toll authorities. ~' He further stated that~the Committee will consiSt of two sub- committees -- a Citizens Sub-committee and a Legislative Sub- committee. He stated that the Citizens Sub-committee will consist of Mr. John McCracken, Transportation Director; Mr. Charles McFarlen, with the Chesterfield Business Council and 97-3'26 5/14/97 member of the Brandermill Community Association; Mr. Charles Foster, with the Richmond Metropolitan Authority; Mr. A1 Saundinfelder, Vice Chairman of the Woodlake Community Association and an employee in Henrico County; Mr. Joe Boisenol, resident of Old Coach Village; Ms. Hadie Foster, citizen representing Chesterfield; Mr. Bob Wilkinson, realtor; Mr. Robert Bobb, Richmond City Manager; Mr. J. L. Stegmaier, Budget and Management Director; Mr. Roy Harrison, Chairman of the Richmond Regional Planning Commission; and himself. He stated that the Legislative Sub-Committee will consist of Senator Stephen Martin, who will Chair this Committee; Delegate Jack Reid; Delegate John Watkins; Mrs. Renny Bush Humphrey; Mr. Edward Barber; and Mr. Lane Ramsey. He stated that he received a positive letter from Mr. Larry Chavis, Richmond City Mayor, expressing his support of the County's effort regarding the toll issue. He further stated that he has also received many calls and letters of support from County citizens. REQUESTS TO POSTPONE ACTION, ADDITIONS, OR CHANGES IN THE ORDER OF PRESENTATION On motion of Mr. McHale, seconded by Mr. Barber, the Board added Item 8.C.17.d., Set Date for Public Hearing to Consider the Conveyance of 1.2 Acres Fronting Iron Bridge Road to J. H. Martin, Jr. to follow Item 8.C.17.c., Set Date for Public Hearing to Consider an Ordinance to Amend the Code of the County of Chesterfield, 1997, as Amended, by Amending and Reenacting Section 7-3 Relating to Precinct Boundaries and Polling Places; added Item 8.C.22., Approval of Lease of Property with Court Square Incorporated for office Space for the Department of Youth Services to follow Item 8.C.21., Approval of Settlement of Personal Property and Business License Tax Liability of Sportstown in Bankruptcy Proceeding; replaced Item 8.C.17.c., Set Date for Public Hearing to Consider an Ordinance to Amend the Code of the County of Chesterfield, 1997, as Amended, by Amending and Reenacting Section 7-3 Relating to Precinct Boundaries and Polling Places; and replaced Item 18., Adjournment and Notice of Next Scheduled Meeting of the Board of Supervisors and, adopted the agenda, as amended. Vote: Unanimous 5. RESOLUTIONS AND SPECIAL RECOGNITIONS 5.A. RECOGNIZING STATE POLICE SERGEANT E. L. MAXIE FOR HIS OUTSTANDING SERVICEAND DEDICATION TO CHESTERFIELD COUNTY Chief Robert L. Eanes introduced State Police Sergeant E. L. Maxie, who was present to accept the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, following twenty-five years of outstanding service and dedication to Chesterfield County, Sergeant E. L. Maxie, of the Virginia Department of State Police, will transfer to Gloucester as a Communications Sergeant for the 5th Division, effective May 16, 1997; and WHEREAS, Sergeant Maxie has served his entire career in Chesterfield County, Virginia -- reporting for duty on February 16, 1972 and was assigned to Chesterfield as a conditional trooper; and 97-327 5/14/97 WHEREAS, Sergeant Maxie received his field training and reported to the Virginia State Police Training Academy in Chesterfield for basic training and returned to Chesterfield as a Virginia State Trooper; and WHEREAS, Sergeant Maxie was selected to represent the Virginia State Police in the Department of the Navy's prestigious "Safety at Sea" program in October 1977, whereby he was flown to a Navy aircraft carrier in route to Norfolk, Virginia to reorient over 5,000 sailors and naval officers on the proper safe driving practices and procedures of the Commonwealth of Virginia; and WHEREAS, Sergeant Maxie was selected as Trooper of the Year by the Chesterfield County Ruritan Club in 1980; and WHEREAS, Sergeant Maxie has been one of the Department's elite firearms training instructors -- teaching State and local police personnel since the inception of that program; and WHEREAS, Sergeant Maxie has received many commendations over the years for being an instructor in the Chesterfield County School System -- teaching safety and crime prevention courses to the students; and WHEREAS, in 1994, Sergeant Maxie was appointed as Virginia State Police First Division Coordinator for Operation Alert, which met with a high level of success in criminal interdiction on 1-95 in Chesterfield; and WHEREAS, in 1995, Sergeant Maxie was selected as the Area Six '~Employee of the Year" during the Chesterfield County Law Enforcement Memorial Service. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes the many outstanding contributions of State Police Sergeant E. L. Maxie, expresses its appreciation for his service to the County and the Commonwealth of Virginia, and wishes him the best in his future endeavors with the Virginia Department of Police. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Sergeant Maxie and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Vote: Unanimous Mr. Warren presented the executed resolution to Sergeant Maxie, accompanied by his wife; Colonel Baker; Colonel Wayne Huggins, Superintendent of State Police; Captain Dave Conklin, Commander of First Division State Police; First Sergeant David Wayne Holland, Mr. William W. Davenport, Commonwealth Attorney and recognized members of his family who were present at the meeting. Sergeant Maxie expressed appreciation for the recognition and to his family for their continued support. He stated that he has enjoyed working with the Department of State Police and Chesterfield County. Mrs. Humphrey stated that Sergeant Maxie's service will be missed in the Winterpock community. Mr. Davenport presented a plaque to Sergeant Maxie and expressed appreciation to Sergeant Maxie for exemplifying an excellent law enforcement person. He wished Sergeant Maxie and his family the best and stated that he will be missed in Chesterfield County. 5/14/97 97-328 Colonel Baker congratulated Sergeant Maxie on his retirement. RECOGNIZING MAY 18-24, 1997 AS "VOLUNTEER RESCUE SQUAD WEEK" Deputy Chief Stephen A. Elswick stated that last month, President Bill Clinton, Past Presidents George Bush and Jimmy Carter, General Colin Powell, and a host of other top officials, met in Philadelphia to discuss community involvement and volunteerism. He further stated that the four volunteer rescue squads responded to over 8,000 emergency calls last year. He then introduced Mr. Rory and Ms. Beth Sturm, representing Bensley-Bermuda VolunteerRescue Squad; Mr. Buddy Phillips, representing Forest-View Rescue Squad; Ms. Dixie Stell and Mr. Aaron Chambers, representing Ettrick-Matoaca Volunteer Rescue Squad; and Ms. Lisa Garey, representing Manchester Volunteer Rescue Squad, who were present to accept the resolutions. On motion of the Board, the following resolution was adopted: WHEREAS, Bensley-Bermuda, Ettrick-Matoaca, Forest View, and Manchester Volunteer Rescue Squads provide basic and advanced pre-hospital patient care -- a vital public service to the citizens of Chesterfield County; and WHEREAS, access to quality emergency care dramatically improves the survival and recovery rate of those who experience sudden illness or injury; and WHEREAS, last year, over 400 volunteer rescue squad members in Chesterfield County answered just over 8,000 emergency medical calls; and WHEREAS, members of the volunteer rescue squads engage in thousands of hours of specialized training and continuing education to enhance their lifesaving skills; and WHEREAS, these services are provided without monetary compensation, representing a considerable savings to each patient and taxpayer; and WHEREAS, volunteer rescue squad members are initial responders to provide basic and advanced life support care to the citizens of the County; and WHEREAS, injury prevention and the appropriate use of the Emergency Medical Services (EMS) System will help reduce national health care costs; and WHEREAS, Chesterfield County is committed to assisting the squads and making them an integral part of the Emergency Medical Services Team and encourages all citizens to recognize the contributions made by the volunteers. NOW, THEREFORE BE IT FURTHER RESOLVED, that the Chesterfield County Board of Supervisors hereby recognizes the week of May 18-24, 1997 as "Volunteer Rescue Squad Week" and asks the citizens of the County to participate in activities sponsored by their local squads to promote safety at home, work, school, and on the roadways. Vote: Unanimous 97-329 5/14/97 Mr. Warren presented the executed resolution to Ms. Sturm, Mr. Sterum, Mr. Phillips, Ms. Stell, Mr. Chambers, and Ms. Garey, accompanied by Chief Dolezal, and expressed appreciation to all volunteer rescue squad personnel for their dedication and contributions to the citizens of Chesterfield County. Mr. Chambers expressed appreciation to the Board, on behalf of all the volunteer rescue squads, for the recognition. Mr. McHale noted that rescue squad members respond to more than twenty calls per day in the County and expressed appreciation for the life giving service they provide to the citizens of the County. 5,Co RECOGNIZING MAY 18-24t 1997 AS "INDUSTRY APPRECIATION WEEK IN CHESTERFIELD COUNTY" Mr. Dunn introduced Mr. Jeff Adams, ICI Polyester, Mr. Bill Clayton, PARI Respiratory Equipment, Incorporated and Mr. Hugh Lynas, HON Company, who were present to accept the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Chesterfield County has been blessed with a strong manufacturing base throughout its history beginning with the Falling Creek Iron Works and, continuing today as the home of diverse manufacturers, making an array of products ranging from specialty synthetic fibers and gas turbines to medical devices and food products; and WHEREAS, these manufacturers are both domestically and internationally based and range in size from very small entrepreneurial companies to large companies employing more than 3,500 people and, in addition, there are more than 170 manufacturing facilities located in Chesterfield employing 12,475, or more than thirteen percent of the jobs in the County; and WHEREAS, total manufacturing wages are more than $528 million annually with an average salary of $42,392, comprising almost twenty percent of the wages paid by all businesses in Chesterfield County and six of the top ten real estate taxpayers in Chesterfield are manufacturers and, they alone, have assessments of more than $1.3 billion; and WHEREAS, businesses do not require many of the same services the County provides to its citizens such as schools, libraries, parks and recreation, and social service programs and business tax revenues are critical in offsetting the cost of these services required by our rapidly growing residential sector. In addition, industry takes an active role in making the community a better place through their commitment to charitable organizations, schools, recreation, the arts, and other worthwhile endeavors; and WHEREAS, more than $109 million has been invested by industry thus far in Fiscal Year 1997 and the total impact of industry establishes it as a fundamental part of Chesterfield's local economy and helps support our high quality of life. NOW, THEREFORE BE IT FURTHER RESOLVED, that the Chesterfield County Board of Supervisors hereby expresses its gratitude, on behalf of the County, to industries located in Chesterfield for their contributions over the many years. 5/14/97 97-330 AND, BE IT FURTHER RESOLVED, that the Board of Supervisors expresses its appreciation to industries for their contributions by recognizing May 18-24, 1997 as "Industry Appreciation Week". Vote: Unanimous Mr. Warren presented the executed resolution to Mr. Adams, Mr. Clayton, and Mr. Lynas, and expressed appreciation to each of them for bringing employment to Chesterfield County and for the services they provide. 5.D. RECOGNIZING MAY 1997 AS "FOSTER PARENT RECOGNITION MONTH" Ms. Suzanne Fleming introduced Ms. Carol Andrews, Foster Home Coordinator, and Mr. Rick and Ms. Carol Simpson, foster parents, who were present to accept the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, our society depends upon Family Life to prepare each new generation of children to be responsible citizens; and WHEREAS, some troubled families in our community are not able to safely care for their children while resolving problems at home; and WHEREAS, Temporary Foster Care is needed to provide a safe refuge for children who are at risk to be abused or neglected; and WHEREAS, many families in Chesterfield County have opened their homes to these children by becoming Foster Families who work with the public and private agencies, which serve troubled families in our community; and WHEREAS, Foster Families improve the quality of life for their foster children, our community, and future generations by providing love, guidance, and positive life experiences to the children placed temporarily in their care; and WHEREAS, the citizens of Chesterfield County wish to acknowledge and support the compassionate work of Foster Families to children in our community. NOW, THEREFORE BE IT FURTHER RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes the services of foster parents in Chesterfield County and calls this recognition to the attention of all citizens. Vote: Unanimous Mr. Warren presented the executed resolution to Ms. Andrews and Mr. and Ms. Simpson, and expressed appreciation for the services they provide in improving the quality of life for children in the community. Mr. Simpson expressed appreciation for the recognition and acknowledged the need for additional foster parents in the County. Ms. Andrews expressed appreciation to all foster parents in the community and requested anyone interested in becoming a foster parent to contact the Social Services Department. 97-331 5/14/97 5.E. RECOGNIZING MAY 1997 AS "ADULT ABUSE PREVENTION MONTH" Ms. Fleming introduced Ms. Betty Holland and Ms. Laurie Fergie who were present to accept the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Chesterfield County recognizes and values the many contributions that older adults and incapacitated younger adults make to our society and request that "Adult Abuse Prevention Month" be acknowledged in our community; and WHEREAS, while recognizing the individuality of each of these citizens, their strengths, abilities and desire for independence and self-reliance, unfortunately, vulnerable adults are sometimes at risk for harm by the very people who are entrusted with their care; and WHEREAS, there are many diverse individuals and organizations in Chesterfield County that are dedicated to breaking the cycle of adult abuse and neglect and work diligently to develop resources that will provide service for both elderly adults and incapacitated young adults, their families and caretakers. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes the month of May 1997 as "Adult Abuse Prevention Month". AND, BE IT FURTHER RESOLVED, that appreciation is hereby extended, to the Adult Protective Service staff members and other professionals for their dedication in working to protect our senior and incapacitated citizens and that this resolution be called to the attention of all County citizens. Vote: Unanimous Mr. Warren presented the executed resolution to Ms. Holland and Ms. Fergie and expressed appreciation to them and all other adult protective service staff for their efforts in breaking the cycle of adult abuse. 6. WORK SESSIONS There were no Work Sessions at this time. 7. DEFERRED ITEMS 97SN0160 - CHESTERFIELD COURTHOUSEt INCORPORATEDt DALE DISTRICT (AMENDED) In Dale Magisterial District, CHESTERFIELD COURTHOUSE, INC. requested rezoning from Corporate Office (0-2) to Neighborhood Business (C-2), plus Conditional Use to permit outside public address systems. A drug store/pharmacy is planned. However, with approval of this request, other C-2 uses would be permitted. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for office use. This request lies on 3.5 acres fronting approximately 320 feet on the north line of Centralia Road, approximately 120 feet west of Nott Lane. Tax Map 96-9 (1) Parcel 9 (Sheet 31). Mr. Jacobson presented a summary of Case 97SN0160 and stated that this request was deferred at the Board of Supervisors April 23, 1997 meeting to allow the applicant to proffer additional conditions. He further stated that the applicant 97-332 5/14/97 has revised Proffered Conditions Numbers 3 (regarding architectural requirements) and 11 (regarding removing the condition that fifty percent of the building space shall be office for this development). He stated that prior to this meeting, the applicant submitted Proffered Condition Number 15 -- prior to any site plan approval an access easement, acceptable to the Transportation Department, shall be recorded to ensure shared use of the approved access with the adjacent property to the west. He further stated that the Planning Commission recommends approval subject to one conditions and acceptance of the proffered conditions. He stated that new proffered conditions were submitted after the advertisement of the request, therefore, the Board will need to suspend its rules if it wishes to consider the revised proffers and to reopen the public hearing to allow discussion and comment on those proffers. Mr. Daniel inquired as to whether the language of the shared access was identical to the shared access language in the Walgreen zoning request on the adjacent parcel. Mr. Jacobson stated that the language for this request accomplishes the appropriate reciprocal shared access between the properties. Mr. Dick Allen stated that the recommendation is acceptable and requested the Board's favorable consideration of the request. Mr. Daniel stated that at the April 23, 1997 Board of Supervisors meeting, the Board approved the Walgreen zoning request on adjacent property, with the shared access provision, and deferred the request to allow the applicant the opportunity to conform to the shared access provision. He further stated that the applicant agreed to provide the shared access if the previous case on the property were modified to allow some flexibility on the project as it relates to permitted uses. On motion of Mr. Daniel, seconded by Mr. McHale, the Board suspended its rules at this time to consider the revised proffered conditions and reopened the public hearing to allow public comment on the revised proffered conditions. Vote: Unanimous There was no opposition present. On motion of Mr. Daniel, seconded by Mr. McHale, the Board approved Case 97SN0160 subject to the following condition: Outside loudspeakers shall be prohibited. The use of intercom-type systems commonly associated with drive- through facilities shall be permitted. And, further, the Board accepted the following proffered conditions: Wastewater System. The public wastewater system shall be used. Prior to release of any building permits, a utility easement shall be dedicated to and for the County of Chesterfield. The easement shall accommodate the ability to extend public sewer to the property west of Parcel 8 on Tax Map 96-9 (1). The exact location of this easement shall be approved by the Utilities Department in conjunction with site plan review. Timberinq. Except for the timbering for the purpose of removing dead or diseased trees, there shall be no timbering on the Property until a land disturbance permit has been obtained from the Environmental Engineering Department and the approved devices have been installed. 97-333 5/14/97 Architectural treatment. Buildings shall have a colonial architectural style similar to that exemplified by Chesterfield Meadows or Courthouse Commons, shall have a residential scale, and shall not exceed a height of two (2) stories. Stormwater Discharge. An accurate account of the drainage situation, showing existing drainage and the impact this project will have on the Property and surrounding area shall be submitted to Environmental Engineering for approval in conjunction with or prior to site plan submission. A storm Water management and site construction plan shall be submitted to Environmental Engineering and VDOT for approval, in conjunction with or prior to site plan submission, providing for on-site drainage facilities such that, at the time of full development, the 25-year storm will not flood Route 10. Dedication; Easements. Prior to any Site Plan approval or upon request by the County, whichever occurs first, the following shall be accomplished: a) Forty-five (45) feet of right-of-way on the north side of Centralia Road, measured from the centerline of that part of Centralia Road immediately adjacent to the Property shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County; and b) Recordation of all easements as indicated on the approved construction plans for the improvements to the Centralia Road/Iron Bridge Road intersection (Project Number 0010-020-128, C-501). Access. Direct access to Centralia Road shall be limited to one (1) entrance/exit, located towards the eastern Property line. The exact location of this access shall be approved by the Transportation Department. Road Improvement. To provide an adequate roadway system at the time of complete development, the developer shall be responsible for the following: a) Construction of additional pavement along Centralia Road at the approved access to provide left and right turn lanes; b) Construction of a sidewalk, along ~the north, side of Centralia Road for the entire Property frontage. The exact location and width of this sidewalk shall be approved by the Transportation Department, and; c) Dedication to Chesterfield County, free and unrestricted, any additional right-of-way (or easements) required for the improvements identified above. Phasing Plan. Prior to any Site Plan approval, a phasing plan for the above required roadway improvements, shall be submitted to and approved by the Transportation Department. Buffer. A 75-foot buffer shall be provided on the northern and eastern portions of the Property adjacent to Courthouse Green South. This buffer shall conform to the requirements of the Zoning Ordinance for seventy-five (75) foot buffers, Sections 19-520, 19-521 (a) through (h) and 19-522 (a) (3). 97-334 5/14/97 10. 11. 12. 13. Hours of Operation. No use shall be open to the public between 12:00 midnight and 6:00 a.m. Use Restrictions. Uses permitted shall be limited to the following: Se g. h. i. j. k. 1. m. n. Oe qe U. V. W. X. y- Z. aa. bb. cc. dd. es. gg. hh. ii. jj. kk. 11. mm. Antique shop. Art school, gallery or museum. Artist material and supply store. Bank Barbershop. Beauty shop. Book or stationery store. Brokerage. Camera store. Catering establishment. Clothes store. Curio or gift shop. Delicatessen. Drug store/pharmacy with or without an outside public address system or with or without drive-in windows. Dry cleaning, pick-up and drop-off only. Florist shop, greenhouse, nursery (provided there is no outside storage or growing). Governmental offices. Group care facilities. Jewelry store. Locksmith Medical facilities. Messenger or telegraph service. Musical instrument sales. Newspaper or magazine sales. Offices, business and professional. Office supply store. Optometrists sales and services. Paint and wallpaper sales. Photography studio. Radio and television broadcasting offices exclusive of towers. Restaurants, not including drive-in establishments. Savings and loan associations. Sewing machine sales, instruction, and service. Specialty shops. Sporting goods sales. Shoe repair shop. Tailoring and dressmaking shops. Telephone exchanges. Travel arranging and transportation ticket services. studios and The following uses shall not be permitted on the property: nn. oo. Outdoor vending machines and/or outdoor pay phones. The sale of alcoholic beverages for on-premises consumption. Intercom System. Any exterior intercom system shall be located on the western side of any building located on the property. Fence. A solid board fence shall be installed and maintained along the northern and eastern boundaries of the property. The exact location and treatment shall be approved by the Planning Department at time of site plan review. 97-335 5/14/97 14. 15. Severance. The unenforceability, illegality, elimination, revision or amendment or'any proffer set forth herein, in whole or in part, shall not affect the validity or enforceability of the other proffers or the unaffected part of any such proffer. Prior to any site plan approval, an access easement, acceptable to the Transportation Department, shall be recorded to ensure shared use of the approved access with the adjacent property to the west. Vote: Unanimous 8. NEW BUSINESS 8.A. APPOINTMENTS On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board suspended its rules at this time to allow simultaneous nomination/appointment of members to serve on the Richmond Regional Competitiveness Committee and the Metropolitan Planning Organization. Vote: Unanimous 8.A.1. RICHMOND REGIONAL COMPETITIVENESS COMMITTEE On motion of Mr. McHale, seconded by Mr. Daniel, the Board simultaneously nominated/appointed Mr. Arthur Warren, as the elected official with Mr. M. D. stith, Jr., as the alternate; Mr. Lane B. Ramsey; and Mr. Mark Sarver, citizen representative, to serve on the Richmond Regional Competitiveness Committee, whose terms are effective immediately and will be at the pleasure of the Board. Vote: Unanimous 8.A.2. METROPOLITAN PLANNING ORGANIZATION On motion of Mr. Daniel, seconded by Mr. McHale, the Board simultaneously nominated/appointed Mr. James R. Banks and Mr. Steven E. Simonson, alternate members, to serve on the Metropolitan Planning Organization, whose terms are effective immediately and will be at the pleasure of the Board. Vote: Unanimous 8.B. STREETLIGHT INSTALLATION COST APPROVALS On motion of Mr. McHale, seconded by Mr. Barber, the Board approved the following streetlight installation cost approvals: Bermuda District * Caldwell Avenue, vicinity of 4805, on the existing pole No cost to install light Due to safety concerns Midlothian District * Knightsbridge Road and North Arch Road Cost to install light: $41.28 And, further, the Board deferred consideration of the following streetlight installation cost approval until June 11, 1997: 5/14/97 97-336 * James River Road and Robious Road, on the.existing pole No cost to install light ~ Vote: Unanimous 8.C. CONSENT ITEMS 8.C.1. ADOPTION OF RESOLUTIONS 8.C.l.a. RECOGNIZING MAY 11-17, 1997 AS "NATIONAL LAW ENFORCEMENT WEEK" On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board adopted the following resolution: WHEREAS, the dedicated, loyal~ and brave members of Law Enforcement Agencies throughout the County provide an invaluable service to all citizens; and WHEREAS, the week of May 11-17, 1997, is recognized as "National Law Enforcement Week"; and WHEREAS,. the County is proud and honored to have such outstanding and professional individuals as law enforcement officers in Chesterfield County who serve to protect health, safety, and welfare of its citizenry. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby recognizes the week of May 11-17, 1997 as "National Law Enforcement Week" in Chesterfield County and calls this recognition to the attention of all its citizens. Vote: Unanimous 8.C.l.b. RECOGNIZING THE MIDLOTHIAN RURITAN CLUB UPON THEIR FIFTIETH ANNIVERSARY On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board adopted the following resolution: WHEREAS, the Midlothian Ruritan Club was organized in May 1947; and WHEREAS, throughout its fifty years, the Midlothian Ruritan Club has maintained five community service committees which have made contributions to the Central Virginia Television and Radio Stations; the Clean Business Recognition Award; the Chesterfield County Veterans Memorial; the Chesterfield County Museum; maintenance of grounds on Mount Pisgah Island; the Midlothian Volunteer Fire Department; the Forest View Rescue Squad; the Midlothian Coalition; the Red Cross; the Medical College of Virginia/Virginia Commonwealth University Hospital hospitality house; the CCHASM organization; the Hunters for the Hungry; sponsorship of one person to Girls State and three to Boys State; sponsorship of an Eagle Scout and Scout Leader to the Medal of Honor Adventure at Valley Forge, Pennsylvania; and WHEREAS, the Midlothian Ruritan Club will be participating in many fundraisers including yard sales, chicken barbecue dinner, a brunswick stew sale, and the Midlothian Village Day Festival; and WHEREAS, the Midlothian Ruritan Club was instrumental in initiating the process which resulted in the establishment of Chippenham Hospital. 5/14/97 97-337 NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby congratulates the Midlothian Ruritan Club upon their fiftieth anniversary and their outstanding contributions to Chesterfield County. Vote: Unanimous S.C.l.c. SUPPORTING THE DESIGN OF ROBIOUS ROAD WIDENING PROJECT On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board adopted the following resolution: WHEREAS, Robious Road from Polo Parkway to Salisbury Road currently carries over 19,000 vehicles per day; and WHEREAS, Robious Road must be improved to safely and efficiently carry this volume of traffic and the volume of traffic projected to use Robious Road in the future; and WHEREAS, the widening of Robious Road is included in the Secondary Road Six Year Improvement Plan for Chesterfield County; and WHEREAS, the Virginia Department of Transportation (VDOT) has conducted a public hearing on the Robious Road design. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors supports VDOT' s Robious Road design with the following modifications: Provide traffic signals on Robious Road at intersections of Old Gun Road and Salisbury Road. the Provide access from Hillanne Subdivision to Robious Crossing Drive. Acquire right-of-way for only four lanes with a bike lane, curb and. gutter, and sidewalk from Polo Parkway to Sandhurst Drive. AND, BE IT FURTHER RESOLVED, that the Board requests VDOT to proceed with the widening of Robious Road as quickly as possible. Vote: Unanimous 8.C.l.d. RICHMOND REGIONAL COMPETITIVENESS COMMITTEE SAMPLE LOCALITY RESOLUTION FOR A FUNDING FORMULA On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board adopted the following resolution: WHEREAS, the General Assembly passed the Virginia Regional Competitiveness Act in 1996 to help communities strengthen their econOmic competitiveness through regional collaboration; and WHEREAS, the nine localities ~in the Richmond Regional Planning District Commission have and will continue to recognize themselves and work together as a region; and WHEREAS, all nine of those localities have agreed, by resolution, to participate in the Richmond Regional Competitiveness Committee to implement the Regional Competitiveness Act; and 97-338 5/14/97 WHEREAS, a formula for distributing any Regional Competitiveness Act funding for the Richmond region must be endorsed by the Richmond Regional Competitiveness Committee, and endorsed, by resolution, by the local governing bodies to meet the July 1 application deadline; and WHEREAS, when the Richmond region becomes eligible for Act funding, it will receive a proportion of funding equal to its proportion of the total qualified population Statewide; and WHEREAS, since Chesterfield County is participating in both the Richmond and Crater Planning District Commission (PDC) efforts under the Act, an agreement on what percentage of its population will be counted toward each PDC must be made. NOW, THEREFORE BE IT RESOLVED, that the Richmond Regional Planning District Commission (RRPDC) act as recipient of Competitiveness Act funds from the Commonwealth of Virginia and apply them entirely to the project(s) selected by the Richmond Regional Competitiveness Committee to implement the region's strategic plan. AND, BE IT FURTHER RESOLVED, that for funding purposes, the Richmond Regional Competitiveness Committee accept the population split suggested by Chesterfield County. Vote: Unanimous 8.C.2. AUTHORIZATION FOR THE POLICE DEPARTMENT TO APPLY FOR FEDERAL GRANTS TO PROVIDE FUNDING FOR OVERTIME AND EQUIPMENT 8.C.2.A. TO REDUCE DRINKING AND DRIVING On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board authorized the Police Department to apply for a one year Highway Safety grant to provide funding for overtime, related equipment, and operating expenses for existing personnel tQ reduce drinking and driving and appropriation of funds when grant is approved. Vote: Unanimous 8.C.2.B. TO INCREASE SEATBELT ENFORCEMENT On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board authorized the Police Department to apply for a one year Highway Safety grant to provide funding for overtime, related equipment, and operating expenses for existing personnel to increase seatbelt enforcement and appropriation of' funds when grant is approved. Vote: Unanimous 8.C.3. AWARD OF CONTRACTS 8.C.3.a. TO DUKE EXCAVATING SERVICES, INCORPORATED FOR CONSTRUCTION OF THE REBUS ELEMENTARY FOOTBALL FIELD AND TRANSFER OF FUNDS On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board awarded a construction contract to D6ke Excavating Services, Incorporated, in the amount of $68,000, and approved the transfer of $13,000 from the County's Reserve for Capital Projects, to fully fund construction of a football field at Reams Elementary School and authorized the County Administrator to execute the necessary documents. Vote: Unanimous 97-339 5/14/97 8.C.3.b. TO GEORGE KOUNTOUPES PAINTING COMPANY FOR THE CHESTER ELEVATED WATER TANK PROJECT On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board awarded a construction contract to George Kountoupes Painting Company, in the amount of $360,000, for the Chester Elevated Water Tank Project, and authorized the County Administrator to execute the necessary documents. (It is noted that funding for this project is available in the current Capital Improvement Program.) Vote: Unanimous 8.C.3.C. TO GREENSCAPE SEEDING, INCORPORATED FOR THE HOPKINS ROAD SIDEWALK PROJECT AND APPROPRIATION OF FUNDS On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board awarded a construction contract to Greenscape Seeding, Incorporated, in the amount of $158,528; appropriated an additional $75,000 in anticipated Virginia Department of Transportation funds for the Hopkins Road Sidewalk Project; and authorized the County Administrator to execute the necessary documents. Vote: Unanimous 8.C.3.d. TO SOUTHWOOD BUILDERS, INCORPORATED FOR REHABILITATION/REPLACEMENT OF EQUIPMENT AT FALLING CREEK WASTEWATER TREATMENT PLANT On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board awarded a construction contract to Southwood Builders, Incorporated, in the amount of $950,599; appropriated $350,000 from fund balance for rehabilitation/replacement of equipment at the Falling Creek Wastewater Treatment Plant, and authorized the County Administrator to execute the necessary documents. Vote: Unanimous 8.C.3.e. TO HALL BROTHERS ELECTRICAL CONSTRUCTION, INCORPORATED FOR CONSTRUCTION OF TENNIS COURT LIGHTS AT ROCKWOOD PARK AND MIDLOTHIAN MIDDLE SCHOOL On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board awarded a construction contract to Hall Brothers Electrical Construction, Incorporated, in the amount of $72,315, for construction of tennis court lights at Rockwood' Park and Midlothian Middle School and authorized the County Administrator to execute the necessary documents. Vote: Unanimous 8.C.4. STATE ROAD ACCEPTANCE This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of the road in Old Stage Industrial Park, Bermuda District, and Whereas, the Resident Engineer for the Virginia Department of Transportation has advised 'the ~Director of Environmental Engineering, the street in Old staqe Industrial Park, Bermuda District, meets the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and 5/14/97 97,340 Whereas, the County and the Virginia Department of Transportation have entered into an agreement, recorded in Deed Book 2453, Page 405, January 21, 1994, for all stormwater detention/retention facilities in the County. Therefore, upon consideration whereof, and on motion of Mr. McHale, seconded by Mrs. Humphrey, it is resolved that the road in Old Stage Industrial Park, Bermuda District, be and it hereby is established as a public road. And be it further resolved, that the Virginia Department of Transportation, be and is hereby requested to take into the Secondary System, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, the following: Name of Street: Coyote Drive From: Old Stage Road, State Route 732, 0.7 mile north of East Hundred Road, State Route 10 To: Cul-de-sac, 0.16 mile east of Old Stage Road, State Route 732 Guaranteed Right-of-Way Width: 60 feet. Length: 0.16 mile This request is inclusive of the adjacent slope, sight distance, clear zone, and designated Virginia Department of Transportation drainage easements indicated on the development plat. This road serves as access to adjacent commercial properties. Old Stage Industrial Park is recorded as follows: Plat Book 79, Page 10, September 11, 1992. Deed Book 2262, Page 914. Vote: Unanimous This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of the roads in Beckenham, Section C, Matoaca District, and Whereas, the Resident Engineer for the Virginia Department of Transportation has advised the Director of Environmental Engineering, the streets in Beckenham, Section C, Matoaca District, meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and Whereas, the County and the Virginia Department of Transportation have entered into an agreement, recorded in Deed Book 2453, Page 405, January 21, 1994, for all stormwater detention/retention facilities in the County. Therefore, upon consideration whereof, and on motion of Mr. McHale, seconded by Mrs. Humphrey, it is resolved that the roads in Beckenham, Section C, Matoaca District, be and they hereby are established as public roads. And be it further resolved, that the Virginia Department of Transportation, be and is hereby requested to take into the Secondary System, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, the following: 97-341 5/14/97 Name of Street: Tweedsmuir Road From: Cul-de-sac, 0.53 mile southeast of Inchcape Road, State Route 1242 To: Existing Tweedsmuir Road, State Route 1243, 0.19 mile northwest of Inchcape Road, State Route 1242 Guaranteed Right-of-Way Width: 50 feet. Name of Street: Tweedsmuir Court From: Tweedsmuir Road, 0.22 mile southeast of Inchcape Road, State Route 1242 To: Cul-de-sac, 0.07 mile northeast of Tweedsmuir Road Guaranteed Right-of-Way Width: 50 feet. Length: 0.34 mile Length: 0.07 mile Name of Street: Tweedsmuir Place From: Tweedsmuir Road, 0.29 mile southeast of Inchcape Road, State Route 1242 To: Cul-de-sac, 0.03 mile northeast of Tweedsmuir Road Guaranteed Right-of-Way Width: 50 feet. Length: 0.03 mile Name of Street: Tweedsmuir Terrace From: Tweedsmuir Road, 0.43 mile south of Inchcape Road, State Route 1242 To: Cul-de-sac, 0.03 mile east of Tweedsmuir Road Guaranteed Right-of-Way Width: 50 feet. Length: 0.03 mile Name of Street: Tweedsmuir Turn From: Cul-de-sac, 0.03 mile southwest of Tweedsmuir Road To: Tweedsmuir Road, 0.49 mile south of Inchcape Road, State Route 1242 Guaranteed Right-of-Way Width: 50 feet. Length: 0.03 mile This request is inclusive of the adjacent slope, sight distance, clear zone, and designated Virginia Department of Transportation drainage easements indicated on the development plat. These roads serve 44 lots. This section of Beckenham is recorded as follows: Section C, Plat Book 84, Pages 45, 46, and 47, June 3, 1994. Vote: Unanimous 8.C.5. REFER TO PLANNING COMMISSION AN AMENDMENT TO THE DEVELOPMENT STANDARDS MANUAL CHANGING STREETLIGHT SPACING IN THE VILLAGE OF CHESTER On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board referred an ordinance to amend the Development Standards Manual 1997, as amended, by amending and reenacting Section 19-608 relating to exceptional development standards to the Planning Commission for further review and recommendation. Vote: Unanimous 97-342 5/14/97 8.C.6. AUTHORIZATION FOR COUNTY ADMINISTRATOR TO EXECUTE A L~A~E AGREEMENT WITH CHESTERFIELD TOWNE CENTER FOR A POLICE COMMUNITY PATROL OFFICE Mr. Barber stated that he is pleased that the Board will give the ability to authorize an agreement with Chesterfield Towne Center and the Police Department. He further stated that everyone is sensitive of crime in the community. He stated that he feels establishment of a police community patrol office is a great idea and will be a deterrent for crime. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board authorized the County Administrator to execute a lease agreement with Chesterfield Towne Center for a police community patrol office, in a form approved by the County Attorney. Vote: Unanimous 8.C.7. AUTHORIZATION FOR COUNTY ADMINISTRATOR TO EXECUTE AN ADDENDUM TO THE SPECIAL PROJECT SERVICE AGREEMENT FOR DROP-OFF RECYCLING BETWEEN THE CENTRAL VIRGINIA WASTE MANAGEMENT AUTHORITY AND BROWNING-FERRIS INDUSTRIES On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board authorized the execution of an addendum to the Special Project Service Agreement for Drop-off Recycling between the Central Virginia Waste Management Authority and Browning-Ferris Industries. (It is noted a copy of the addendum to the Agreement is filed with the papers of this Board.) Vote: Unanimous 8.C.8. AUTHORIZATION TO RENAME TWO SECTIONS OF FOREST LAKE ROAD TO LAUGHTER LANE AND NILE ROAD On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board renamed two sections of Forest Lake Road to Laughter Lane and Nile Road. Vote: Unanimous 8.C.9. REQUEST FOR PERMISSION 8.C.9.a. FROM STEWARD EDWARD FARRAR AND CAROL D. FARRAR TO INST~LL A SEWER SERVICE FOR A RESIDENCE OFF BROOKWOOD ROAD On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved a request from Steward Edward Farrar and Carol D. Farrar to extend a private sewer service within a sixteen foot private sewer easement to serve a resident at 2438 Brookwood Road, subject to the execution and recordation of an agreement acceptable to the County Attorney. (It is noted a copy of the plat is filed with the papers of this Board.) Vote: Unanimous 8.C.9.b. FROM RAY KIDD TO INSTbLL A WATER SERVICE FOR A NEW RESIDENCE OFF CENTRALIA ROAD On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved a request from Ray Kidd to extend a private water service within a ten foot private water easement to serve a new residence at 4031 Centralia Road, subject to the execution and recordation of an agreement acceptable to the County Attorney. 97-343 5/14/97 (It is noted a copy of the plat is filed with the papers of this Board.) Vote: Unanimous 8.C.10. CONVEYANCE OF AN EASEMENT WITH THE COMMONWEALTH OF VIRGINIA FOR ROAD IMPROVEMENTS AT THE INTERSECTION OF RIVER ROAD AND PICKETT AVENUE Mrs. Humphrey stated that some changes are going to be made toward the end of the summer at the River Road/Pickett Avenue intersection. She further stated that the zoning has already been done for this project and both the Transportation and Planning Departments are making efforts to improve the safety at this intersection. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement with the Commonwealth of Virginia for road improvements at the intersection of River Road (State Route 36) and Pickett Avenue (State Route 600). (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Vote: Unanimous 8.C.11. ACCEPTANCE OF PARCELS OF LAND 8.C.11.a. ADJOINING THE EAST RIGHT-OF-WAY LINE OF BRANCHWAY ROAD FROM DAYTON HUDSON CORPORATION On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board accepted, on behalf of the County, the conveyance of a parcel of land containing 0.07 acres adjoining the east right-of-way line of Branchway Road (State Route 645) from Dayton Hudson Corporation and authorized the County Administrator to execute the necessary deed. (It is noted a copy of the plat is filed with the papers of this Board.) Vote: Unanimous 8.C.11.b. ALONG WALMSLEY BOULEVARD AND TURNER ROAD FROM WILTON PARTNERS TURNER On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board accepted, on behalf of the County, the conveyance of four parcels of land; two parcels containing a total of 0.168 acres along Walmsley Boulevard (State Route 647) and two parcels containing a total of 0.084 acres along Turner Road (State Route 650) from Wilton Partners Turner and authorized the County Administrator to execute the necessary deed. (It is noted a copy of the plat is filed with the papers of this Board.) Vote: Unanimous 8.C.12. APPROPRIATION AND TRANSFER OF SCHOOL CAPITAL IMPROVEMENT FUNDS On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved an increase of $200,000 to the School Capital Improvement Fund for construction management and transferred $551,730 from the School Reserve for Capital Improvements to the C. C. Wells Elementary Project. Vote: Unanimous 5/14/97 97-344 8.C.13. AUTHORIZATION TO INCREASE THE DEBT APPROPRIATION CATEGORY AND INSTRUCTION APPROPRIATION CATEGORY IN THE SCHOOL OPERATING FUND On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board increased the State sales tax revenue estimate by $223,300, increased the debt appropriation category by $150,000, and increased the instruction appropriation category by $73,300 in the School Operating Fund. Vote: Unanimous 8.C.14. AUTHORIZATION TO AID LIBERTY PROPERTY DEVELOPMENT CORPORATION IN THE ACQUISITION OF A VARIABLE WIDTH VIRGINIA DEPARTMENT OF TRANSPORTATION SLOPE AND DRAINAGE EASEMENT AND A TWENTY FOOT TEMPORARY CONSTRUCTION EASEMENT ACROSS PROPERTY OF THOMAS L. HANKS On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board authorized Right-of-Way staff to aid Liberty Property Development Corporation in the acquisition of a variable width Virginia Department of Transportation slope and drainage easement and a twenty foot temporary construction easement across the property of Thomas L. Hanks, subject to the execution of a contract by Liberty Property Development Corporation agreeing to pay for all costs. (It is noted a copy of the plat is filed with the papers of this Board.) Vote: Unanimous 8.C.15. REQUEST TO QUITCLAIM EASEMENTS ACROSS PROPERTY OF BUCKINGHAM ASSOCIATES On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board authorized the Chairman of the Board of Supervisors and the. County Administrator to execute a quitclaim deed to vacate a variable width drainage easement, a sixteen foot drainage easement, and a portion of a sixteen foot drainage easement across property of Buckingham Associates. (It is noted a copy of the plat is filed with the papers of this Board.) Vote: Unanimous 8.C.16. APPROVAL OF CHANGE ORDER NUMBER ONE TO MORAN BROTHERS ~NCAVATING COMPANY FOR THE HICKORY ROAD WATER MAIN PROJECT On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved Change Order Number One, in the amount of $17,182.16, with Moran Brothers Excavating Company and authorized the County Administrator to execute the necessary documents. Vote: Unanimous 8.C.17. SET DATE FOR PUBLIC HEARINGS 8.C.17.a. TO CONSIDER PROPOSED PLANNING DEPARTMENT FEE INCREASE On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board set the date of June 11, 1997 at 7:00 p.m. for a public hearing to consider an ordinance to amend the Code of the County of Chesterfield, 1997, as amended, by amending and reenacting Section 19-25 relating to Planning Department fees. Vote: Unanimous 97-345 5/14/97 8.C.l?.b. TO CONSIDER APPROPRIATION OF FUNDS FOR DRAINAGE IMPROVEMENTS AT CHESTERFIELD TOWNE CENTER AREA On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board set the date of June 11, 1997 at 7:00 p.m. for a public hearing to consider appropriation of funds for drainage improvements at Chesterfield Towne Center area. Vote: Unanimous 8.C.17.c. TO CONSIDER AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELDt 1997t AS AMENDED~ BY AMENDING AND REENACTING SECTION 7-3 RELATING TO PRECINCT BOUNDARIES AND POLLING PLACES Mr. Daniel stated that the Jacob's Precinct was split by the Registrar's Office in accordance with State law. He further stated that the outer boundary, previously approved by the Justice Department, is essentially the same, except for the new line down the center. He noted that this precinct split was an equal division that is required by State law and is not a gerrymandering decision by the Board of Supervisors. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board set the date of June 11, 1997 at 7:00 p.m. for a public hearing to consider an ordinance to amend the Code of the County of Chesterfield, 1997, as amended, by amending and reenacting Section 7-3 relating to precinct boundaries and polling places. Vote: Unanimous 8.C.17.d. TO CONSIDER THE CONVEYANCE OF 1.2 ACRES OF LAND FRONTING IRON BRIDGE ROAD TO J.H. MARTINt JR. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board set the date of June 11, 1997 at 7:00 p.m. for a public hearing to consider the conveyance of 1.2 acres of County property fronting Iron Bridge Road, in the amount of $350,000, to J. H. Martin, Jr. Vote: Unanimous 8.C.18. TRANSFER OF CLOVER HILL AND MATOACA DISTRICTS THREE CENT ROAD FUNDS FOR CONSTRUCTION OF STEPS AT MANCHESTER HIGH SCHOOL BASEBALL COMPLEX After brief discussion, on motion of Mr. McHale, seconded by Mrs. Humphrey, the Board transferred $3,500 in Clover Hill District and Matoaca District Three Cent Road Funds ($1,750 from each District) to the School Board for construction of steps at Manchester High School baseball complex. Vote: Unanimous 8.C.19. AUTHORIZATION TO APPLY FOR A VIRGINIA RECREATIONAL TRAIL FUND GRANT AND TRANSFER OF BERMUDA DISTRICT THREE CENT ROAD FUNDS FOR A PORTION OF THE MATCHING FUNDING REQUIRED BY THE GRANT PROGRAM On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board authorized the Parks and Recreation Department to apply for a Virginia Recreational Trail Fund Grant, in the amount of $10,000, from the State Department of Conservation and Recreation, and, upon Grant approval, transfer $5,000 as a grant match from the Bermuda District Three Cent Road Fund. Vote: Unanimous 5/14/97 97-346 8.C.20. APPROVAL OF ENCROACHMENT AGREEMENT TO CONSTRUCT WATER LINE IMPROVEMENTS IN A VIRGINIA POWER EASEMENT On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board authorized the County Administrator to enter into an encroachment agreement with Virginia Power to construct waterline improvements in a Virginia Power easement. Vote: Unanimous 8.C.21. APPROVAL OF SETTLEMENT OF PERSONAL PROPERTY AND BUSINESS LICENSE TAX LIABILITY OF SPORTSTOWN IN BANKRUPTCY PROCEEDING On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved the acceptance of seventy-two percent of personal property and business license taxes, penalties, and interest owed by Sportstown in full settlement as part of Sportstown's bankruptcy proceeding; authorized the County Administrator to execute an appropriate settlement agreement approved by the County Attorney; and authorized the Treasurer to not pursue collection of the remaining balance. Vote: Unanimous 8.C.22. APPROVAL OF LEASE OF PROPERTY WITH COURT SOUARE, INCORPORATED FOR OFFICE SPACE FOR THE DEPARTMENT OF YOUTH SERVICES On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved a lease with Court Square, Incorporated, A Virginia Corporation, for office space located at 9842 Lori Road, suite 102, Chesterfield, Virginia, for the Chesterfield Department of Youth Services, in the amount of $99,290,04 (which includes security deposit of $2,625), effective June 1, 1997 through May 31, 2002. (It is noted that all of the rent and associated operating costs for FY98 for this move will be covered by the Human Services FY98 adopted budget.) Vote: Unanimous 8.C.23. RESCHEDULE AND READADVERTISE PUBLIC HEARINGS SCHEDULED FOR MAY 14, 1997 On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board authorized staff to reschedule and readvertise public hearings originally scheduled for the May 14, 1997 Board of Supervisors meeting. Vote: Unanimous 9. HEARINGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLAIMS Mr. Micas introduced Mrs. Lee Decker, a new Attorney who replaced Ms. Tara McGee and briefly reviewed her educational and employment background. 97-347 5/14/97 9.A. MR. ISAAC H. CONDER REGARDING HIS TERMINATION OF EMPLOYMENT WITH THE MENTAL HEALTH/MENTAL RETARDATION DEPARTMENT Mrs. Decker stated that Mr. Isaac H. Conder was a former part- time employee of the Mental Health/Mental Retardation/Substance Abuse Department. She further stated that during Mr. Conder's thirteen month employment, he had several performance problems and was subsequently terminated. She stated that Mr. Conder alleges that during his employment with CES, he was directed to falsify documents by his supervisors and that, upon his refusal to do so, he was terminated. She further stated that Mr. Conder is seeking $500,000 in compensatory damages and $350,000 in punitive damages for unlawfully discharging him. She stated that the investigation of the claim confirms that no Chesterfield County employee falsified documents and that Mr. Conder was never directed to do so. She further stated that a similar lawsuit filed by Mr. Conder in federal court was dismissed on April 23, 1997, in which Mr. Conder alleged that he was fired because he was over forty years of age and refused to falsify documents. She stated that staffs investigation of the State claim reveals that the lawsuit is without merit and should be denied. It is noted that neither Mr. Conder, nor anyone representing Mr. Conder, was present at the meeting. On motion of Mr. Daniel, seconded by Mr. denied the claim of Mr. Isaac H. Conder, $850,000. McHale, the Board in the amount of Vote: Unanimous 9.B. CLAIMS FOR DAMAGES ARISING FROM THE MAY 19w 1995 FIRE AT OLD BUCKINGHAM STATION APARTMENTS Mr. Micas stated that on May 19, 1995, the Old Buckingham Station Apartment lodge building was largely destroyed by fire. He further stated that the fire was accidentally caused by a teenage boy who inverted a light fixture and placed a shirt over it to keep the light from shining into his bedroom. He further stated that, through the courageous efforts of Fire Department personnel, there were no deaths nor were there any serious injuries. He stated that all thirty-two claims are brought by former tenants of the lodge building for the total amount of $13,227,923.80. He further stated that all of the claimants~ have .recovered proceeds, from either insurance policies or previous lawsuits filed in federal court. He stated that the claimants theories involve allegations of criminal misconduct during investigation of the fire by County Fire Department staff and that the claimants allege that this conduct impacted the settlement amount. He further stated that those allegations are false. He stated that in addition to the claims of criminal misconduct being false, the County is also immune from liability under the theories presented by the claimants. He stated that the Board may vote on all the claims in a single vote or can withdraw any of the claims and vote upon them separately -- in the same way that the Board considers the consent agenda. He further stated that staff recommends denial of all thirty-two claims. Debra Corcoran, Esquire, representing the applicants, stated that the cause and origin of the fire has not been definitively established nor was it ever established in court, due to the reason that the bulb in question disappeared and a false manufactured bulb was placed into the evidence room. She further stated that the Board of Supervisors have received, from her office, facts and a summary of the theory, depositions 5/14/97 97-348 of various individuals, and photographs. She stated that she also has reports prepared by Captain David C. Creasy, Fire Marshal, and Lieutenant Richard Coffey, Assistant Fire Marshal. She further stated that she has expert designations where in the County's public officials were working for and volunteered to be expert witnesses for insurance companies. She stated that she feels this is a very serious claim and expressed concerns relative to how she has been personally treated by County employees. She further stated that she feels the Board has the obligation to investigate this claim. Mr. Daniel stated that he will be voting to deny the claim. He further stated that in absence of other evidence, he has none that would pass any type of judgement to allow the County taxpayers at-large to pay for the claims that have been presented. He stated that the plaintiffs can pursue this claim further within the court system. Mr. Daniel then made a motion, seconded by Mr. Barber, for the Board to deny the thirty two claims arising from the May 19, 1995 Old Buckingham Station Apartment fire. Mr. Barber stated that the claimants are his constituents and that he spent the better part of the day of the fire and the day after the fire with them. He further stated that there is a venue, through insurance and a court of law, for any money that is due these claimants. He stated that he has looked at the evidence and has watched the investigation as it unfolded. He further stated that he feels there is nothing, to his knowledge, that has been presented to him that would make him believe anything was done improperly or anything done to harm those residing in the apartment complex. He stated that he watched as the firefighters braved this fire and saved people from the fire. He stated that he does not feel there is any conspiracy or problem with evidence. He further stated that he does not feel the County is responsible for some type of financial remuneration because of this tragedy. He stated that the claimants can proceed in a court of law to press their claims if that is their desire. Mr. Warren called for the vote on the motion made by Mr. Daniel, seconded by Mr. Barber, for the Board to deny the claim of Saleh Alsaleh, in the amount of $421,787.37. And, further, the Board denied the claim of Allison Farr, in the amount of $370,000. And, further, the Board denied the claim of Richard D. Harris, Jr., in the amount of $465,000. And, further, the Board denied the claim of Janice Carver and Leonard Carver, in the amount of $419,666.17. And, further, the Board denied the claim of Theryl Peek, in the amount of $496,000. And, further, the Board denied the claim of Betsy Joan Moore, in the amount of $379,776. And, further, the Board denied the claim of Colin Cluff, in the amount of $350,400. And, further, the Board denied the claim of Beatriz Rosado, in the amount of $460,657.40. And, further, the Board denied the claim of John F. Carroll and Lucy B. Carroll, in the amount of $430,666.57. 97-349 5/14/97 And, further, the Board denied the claim of Palma Cerquone and Estate of Henry Cerquone, in the amount of $515,000. And, further, the Board denied the claim of Lucila Cortez, in the amount of $435,901.08. And, further, the Board denied the claim of Beatrice Gallup, in the amount of $462,213.20. And, further, the Board denied the claim of Frederick Gholson, in the amount of $481,544.07. And, further, the Board denied the claim of Mabel Gordon, in the amount of $473,047.36. And, further, the Board denied the claim of Frank Herbert, in the amount of $356,009. And, further, the Board denied the claim of Christine Johnson, Heather Johnson, and Courtney Johnson, in the amount of $423,534.86. And, further, the Board denied the claim of Phyllis Karhatsu and Juhani Karhatsu, in the amount of $420,000. And, further, the Board denied the claim of Christopher Layton, in the amount of $406,000. And, further, the Board denied the claim of Gunnar Melder and Nikolaus Melder, in the amount of $486,230. And, further, the Board denied the claim of R. D. Monson, in the amount of $370,400. And, further, the Board denied the claim of Bobby Joe Moses, Stephanie Moses, Jacquelyn Moses, and Victoria Moses, in the amount of $423,534.86. And, further, the Board denied the claim of Haruo Nishida, Yuko Nishida, and Yosuke Nishida, in the amount of $424,593.26. And, further, the Board denied the claim of Pete Ortiz, in the amount of $426,245.92. And, further, the Board denied the claim of Stephan Parry, in the amount of $423,038. And, further, the Board denied the claimof Cynthia~Powell and Michael Powell, in the amount of $148,000. And, further, the Board denied the claim of Estate of Betty Schomaker, in the amount of $363,163.73. And, further, the Board denied the claim of Maisa Soliman, Tamera Soliman, and Yasmin Soliman, in the amount of $481,073.51. And, further, the Board denied the claim of Jong Song, Eric Song, Hannah Song, and Connie Song, in the amount of $369,713.18. And, further, the Board denied the claim of Donald Stroud and Jo Anne Stroud, in the amount of $376,725.38. And, further, the Board denied the claim of Amy Van Buren, in the amount of $366,828.06. And, further, the Board denied the claim of Margaret Wirwille, in the amount of $371,174.82. 5/14/97 97-350 And, further, the Board denied the claim of Kimberly Zeltwanger, Randall Zeltwanger, and Amanda Zeltwanger, in the amount of $430,000. Vote: Unanimous 10. REPORTS On motion of Mr. Barber, seconded by Mr. McHale, the Board accepted the following reports: A report on Developer Water and Sewer Contracts and a status report on the General Fund Balance; Reserve for Future Capital Projects; District Road and Street Light Funds; Lease Purchases; and School Board Agenda. And, further, the Board accepted the following roads into the State Secondary System: ADDITIONS LENGTH HILMAR, SECTION D - (Effective 4/18/97) Route 3193 (Cypressleaf Drive) - From Route 3428 to 0.03 mile West Route 3192 0.15 Mi Route 3428 (Pineleaf Drive) - From Route Route 641 to Route 3295 0.34 Mi Route 3295 (Winterleaf Drive) - From 0.03 mile East Route 3290 to 0.02 mile West Route 1972 0.09 Mi MEADOW CREEK, SECTION A - (4/29/97) Route 5460 (Clearview Drive) - From 0.07 mile Southwest Route 5451 to Route 5451 0.07 Mi Route 5459 (Creek Meadow Circle) - From Route 5451 West to Route 5451 East 0.15 Mi Route 5451 (Oregon Creek Drive) - From Route 5450 to Route 5459 0.05 Mi Route 5451 (Oregon Creek Drive) - From Route 5459 to Route 5460 0.07 Mi MONACAN HILLS, SECTION 5 - (Effective 4/15/97) Route 3402 (Coralberry Drive) - From 0.02 mile West Route 3407 to 0.03 mile North Route 4073 0.13 Mi Route 3424 (McCauliff Drive) - From Route 3402 to 0.09 mile Northwest Route 3402 O. 09 Mi Route 3423 (McNair Circle) - From Route 3402 to 0.03 mile North Route 3402 0.03 Mi PROCTORS POINT, SECTIONS A,B - (Effective 4/29/97) Route 4055 (Ransom Hills Court) - From 0.06 mile West Route 4054 to Route 4054 0.06 Mi Route 4057 (Ransom Hills Place) - From Route 4054 to 0.08 mile North Route 4054 O.08 Mi 97-351 5/14/97 Route 4054 (Ransom Hills Road) - From Route 1498 to Route 4058 Route 4058 (Ransom Hills Terrace) - From 0.10 mile South Route 4054 to 0.12 mile North Route 4054 Route 4056 (Ransom Hills Turn) - From 0.03 mile South Route 4054 to Route 4054 RIVERS BEND, SECTION 9 - (Effective 4/18/97) Route 4863 (Nightingale Court) - From Route 4860 to 0.05 mile Southeast Route 4860 SOUTHCREEK, SECTION 1 - (Effective 4/11/97) Route 4045 (Broadbill Drive) - From Route 4016 to 0.12 mile North Route 4016 Route 4017 (Crayfish Court) - From 0.04 mile Southwest Route 4016 to Route 4016 Route 4018 (Crayfish Terrace) -From Route 4016 to 0.04 mile Northwest Route 4016 Route 4019 (Jumping Mallard Place) - From Route 4016 to 0.09 mile North Route 4016 Route 4016 (Southcreek Drive) - From Route 620 to 0.01 mile East Route 4045 SOUTHCREEK, SECTION 2 Route 4047 (Creekbank Court) - From Route 4016 to 0.09 mile Northwest Route 4016 Route 4046 (Southcreek Court) - From Route 4016 to 0.08 mile North Route 4016 Route 4016 (Southcreek Drive) - From 0.01 mile East Route 4045 to 0.02 mile East Route 4047 UPPERBURY, EXBURY, SECTION 2 - (Effective 4/8/97) Route 4266 (Upperbury Terrace) - Route 3341 to 0.07 mile North Route 3341 WALTHALL CREEK, SECTION 14 - (Effective 4/21/97) Route 4062 (Wood Duck Lane) - From 0.25 mile Southeast Route 4064 to 0.02 mile Southeast Route 4064 HILMAR, SECTION D - (Effective 4/18/97) Route 3295 (Winterleaf Drive) - From 0.02 mile West Route 1972 to Route 1972 MONACAN HILLS - (Effective 4/15/97) Route 3402 (Coralberry Drive) - From Route 3781 to 0.03 mile North Route 4073 Vote: Unanimous 0.28 Mi 0.22 Mi 0.03 Mi 0. O5 Mi 0.12 Mi 0.04 Mi 0.04 Mi 0.09 Mi 0.25 Mi 0.09 Mi 0.08 Mi 0.20 Mi 0.07 Mi 0.23 Mi 0.02 Mi 0.19 Mi 5/14/97 97-352 11. EXECUTIVE SESSIONS 11 .A. PURSUANT TO SECTION 2.1-344A.7.t CODE OF VIRGINIA, 1950t AS AMENDED, TO DISCUSS PENDING LITIGATION STYLED AS PATRICK, ET AL. V. BOARD OF SUPERVISORS 11.B. PURSUANT TO SECTION 2.1-344A.7., CODE OF VIRGINIA, 1950, AS AMENDED, TO DISCUSS A DECISION BY THE CHESTERFIELD COUNTY BOARD OF ZONING APPEALS INVOLVING EAST COAST OIL CORPORATION On motion of Mr. McHale, seconded by Mr. Barber, the Board went into Executive Sessions pursuant to Section 2.1-344A.7., Code of Virqinia, 1950, as amended, to discuss pending litigation styled as Patrick, et al. v. Board of Supervisors and pursuant to Section 2.1-344A.7., Code of Virqinia, 1950, as amended, to discuss a decision by the Chesterfield County Board of Zoning Appeals involving East Coast Oil Corporation. Vote: Unanimous Reconvening: On motion of Mr. McHale, seconded by Mr. Daniel, the Board adopted the following resolution: WHEREAS, the Board of Supervisors has this day adjourned into Executive Session in accordance with a formal vote of the Board and in accordance with the provisions of the Virginia Freedom of Information Act; and WHEREAS, the Virginia Freedom of Information Act effective July 1, 1989 provides for certification that such Executive Session was conducted in conformity with law. NOW, THEREFORE BE IT RESOLVED, the Board of Supervisors does hereby certify that to the best of each member's knowledge, I) only public business matters lawfully exempted from open meeting requirements under the Freedom of Information Act were discussed in the Executive Session to which this certification applies, and ii) only such public business matters as were identified in the Motion by which the Executive Session was convened were heard, discussed, or considered by the Board. No member dissents from this certification. The Board being polled, the vote was as follows: Mr. McHale: Aye. Mr. Daniel: Aye. Mr. Barber: Aye. Mrs. Humphrey: Aye. Mr. Warren: Aye. 12 · DINNER Mr. Daniel stated that there are some public hearings and zoning requests that will not be heard this evening as the evening session of the Board of Supervisors meeting has been cancelled. 97-353 5/14/97 When asked, Mr. Ramsey stated that the Shoosmith and Arcon Development zoning requests have been advertised for May.28, 1997 at Lloyd C. Bird High School. He further stated that all public hearings, originally scheduled for this evening, will be readvertised for the June 11, 1997 Board of Supervisors meeting. On motion of Mr. McHale, seconded by Mr. Barber, the Board recessed to the Administration Building, Room 502, for dinner, and then will adjourn to May 28, 1997 at 7:00 p.m. at Lloyd C. Bird High School. Vote: Unanimous (It is noted that the evening session of the Board of Supervisors meeting was cancelled.) County Administrato~ 97-354 Arthur S. ~Wa~ren Chairman 5/14/97